Jesse Grant/WireImage(LOS ANGELES) -- A judge on Tuesday declined to lift the emergency protective order that was issued against Halle Berry's ex, Gabriel Aubry, following his fight with the actress' fiancé, Olivier Martinez, on Thanksgiving Day, according to TMZ.com.

Aubry had made a request to have the order removed.

The order -- which requires Aubry to stay at least 100 yards away from Berry, Martinez and Aubry's 4-year-old daughter with Berry, Nahla -- was initially slated to end on Dec. 3. However, TMZ notes, it will instead expire on Thursday due to a clerical error.

Earlier this week, Aubry obtained a restraining order against Martinez, claiming Martinez threatened to kill him.